V.S.DAVE,J. - (1.) THIS is an application under Section 482, Cr.PC where the petitioner has prayed that he should be permitted to hand over the goods on Supurdagi to National Thermal Power Corporation since he was the consignee of the goods initially. A similar application was moved before the trial court which was dismissed by the impugned order dated 6th May, 1988 and it is there after, that the petitioner has approached this Court.
(2.) IN normal course, during the pendency of the case property cannot be handed over to the person for the purpose of disposal before the investigation of the case but the extra ordinary circumstances prevailing in the case compel me to take a course different from the normal. In this case the consigner was K.E.C. International Limited and the consignee was the National Thermal Power Corporation. In between transportation through the carriers, the goods could neither remain with the consignor nor could reach the consignee. The National Thermal Power Corporation is engaged in the task of giving to the country thermal generating power houses so that the power supply may be properly regulated and the capacity increased. Necessarily, it is a task which is being performed for the onward march of the nation and any property which has to be the subject matter of a project which is coming up for the service of the humanity it should not be permitted to waste. In my opinion, it benefits the circumstances that the goods be returned and put to use keeping a sample so that the ultimate aim for which they are made is fulfilled. If the transmission towers or the parts there of are permitted to live idle they are likely to be rusted and it would be a national loss. In this view of the matter, I am opinion that a departure from the normal practice has to be given to the present case. Consequently I allow this application and here by modify the order of the learned Magistrate to the extent that the petitioner shall, keeping two pieces of the material duly marked for the purposes of identification or otherwise, hand over the rest of the material forthwith to the National Thermal Power Corporation within not later than two months from today. In case the petitioner does not hand over the goods to National Thermal Power Corporation within two months in that case he will be liable for contempt of this Court for flouting the directions. A copy of this order be sent to the Manager, National Thermal Power Corporation, a unit of Government of India, Chota Shimla (Bihar). In case the material is not supplied within the aforesaid period he shall inform this court about the same.
(3.) WITH the aforesaid observations, the application is disposed of.;